Archives
- 2012.05.09: In Long Awaited Brinker Decision, California Supreme Court Affirms Employers' Duty to Provide a Thirty-Minute, Uninterrupted Meal Period
- 2012.05.07: Court Holds that Attendance is an Essential Function of the Job for a Neonatal Nurse, Making the Law of Reasonable Accommodation Unnecessarily Unreasonable
- 2012.04.26: NLRB Rules That Employer Cannot Simply Claim That an Employee is Not Authorized to Work Under Immigration Laws to Engage in a Fishing Expedition Regarding an Employee's Immigration Status
- 2012.04.19: U.S. Supreme Court Comes Down on Side of Religious Organizations' Right to Discriminate
- 2012.04.04: Welcome to California: If you Work in California You are Entitled to the Protection of California's Right to Overtime and other Wage Laws Regardless of Where you Reside
- 2012.03.28: The NLRB Strikes a Blow in Support of Class Actions
- 2012.03.21: Language of Arbitration Agreement Permits Court, not Arbitrator, to determine Whether Arbitration Agreement is Enforceable on Facts of this Case, and Court determines that Multiple Unconscionable Provisions Invalidate this Agreement
- 2012.03.14: Another Arbitration Agreement Bites the Dust due to a Combination of Unconscionable Provisions
- 2012.03.06: California Court of Appeals Reverses Retaliation Verdict using a Tortuous Analysis of What a Plaintiff Needs to Prove in a Retaliatory Termination Case
- 2012.02.16: Employee's Family Leave Claim Fails Where Employee Is on Leave Longer than Twelve Weeks, and Presented Insufficient Evidence
- 2011.12.27: Court Rejects Employer's Attempt to Reverse Finding of Sexual Harassment Based upon Allegation That Employee's Testimony Was Inherently Improbable
- 2011.11.27: Court Imposes Unnecessarily High Hurdle for Female Employee to Prove Sexual Harassment Claim in Brennan v. Townsend & O'Leary
- 2011.11.20: Right to Administrative (Berman) Hearing before the Labor Commissioner under Attack in Light of Concepcion: Employee's Right to Jury Trial in the Cross Hairs of the US Supreme Court
- 2011.10.18: Nielsen's Summary Judgment Reversed in Age Discrimination Case where Younger Employees - even if over the age of 40 themselves - Treated More Leniently for Committing Similar, but not Identical, Violations and Nielsen Failed to Follow its own Procedures
- 2011.09.19: A Reasonable Accommodation May be Required Regardless of Whether an Employee is Found To Be 100% Disabled under the Workers Compensation System
- 2011.09.07: Another Strike Against an Employer's Attempt to Force an Unfair Arbitration Agreement Down an Employee's Throat
- 2011.08.30: "Me Too" Evidence of Discrimination Admissible to Prove Discriminatory Intent in Sexual Harassment/Sex Discrimination Cases
- 2011.07.25: Employer Punished for Suing Employee in Retaliation for Employee's Public Policy Suit
- 2011.07.18: Sarbanes-Oxley Whistleblower Provision - as Pled- Protects Disclosures to Congress, Federal Agencies & Supervisors, But Not to the Press
- 2011.07.06: Employment, Consumer Class Actions Endangered by Supreme Court
- 2011.05.26: Court of Appeals declares that an Employer can Fire its Employee for Threats or Violence against Co-Workers, even if the Cause of the Employee's Conduct is due to her Mental Disability
- 2011.05.02: Right-to-Sue Letter under Fair Employment & Housing Act Runs One Year after Date Letter Issued, rather than When it was Received
- 2011.04.23: Burden of Proof for Failure to Reinstate Employee after Family Leave Lies with Employer, not Employee
- 2011.04.07: US Supreme Court Holds that Anti-Retaliation Provision in FLSA Covers Oral Complaints
- 2011.03.21: Tough Love for Applicant with History of Drug Addiction: Ninth Circuit Approves One Strike Rule for Drug Testing
- 2011.03.12: US Supreme Court Declares that Discriminatory Bias of Non-Decision Maker/Supervisor Taints Decision to Fire Employee under Cat's Paw Theory
- 2011.03.03: Associational Retaliation Broadened by US Supreme Court's Holding that Firing Fiancé of Employee who Filed Charge of Discrimination is Illegal
- 2011.02.13: Court Warns that Use of Employer's Computer & Email Account to Confidentially Communicate with Lawyer is Not Confidential
- 2011.01.23: Let Me Count the Ways Non-Compete Clauses are Illegal: Court of Appeals Holds that Firing an Employee because of a Prior Illegal Non-Compete Clause is itself Illegal & in Violation of Public Policy
- 2011.01.03: US Supreme Court Permits Arbitrators Rather Than Court to Rule on Whether an Arbitration Agreement is Enforceable Creating an Inherent and Untenable Conflict of Interest
- 2010.12.03: Is a Holding Company, or a Parent Corporation, a Proper Defendant in an Employment Action?
- 2010.11.20: Employment Arbitration Agreement Struck Down as Procedurally & Substantively Unconscionable Where Employee not Provided with Arbitration Rules and Other Provisions Favored the Employer
- 2010.10.18: Court Speaks with More than One Tongue on the Disclosure of Arbitrator's Bias
- 2010.09.13: Sandell v Taylor-Listug Once Again Establishes that if it Smells like Disability or Age Discrimination, the Case should go to a Jury
- 2010.09.10: Reid v Google Restores Common Sense to Discrimination Law by Holding that the Judicially Created "Stray Remarks Doctrine" cannot be used to Bar Evidence of Discrimination in a California Age Discrimination Case
- 2010.09.09: What Right to Privacy? City of Ontario v Quon Reminds Employees to be Careful When Using Employer-Issued Computers, Cell Phones, or Other Methods of Communication
